No two areas of law-in Australia are moving with quite the breathless pace of corporate law and labour law. Changes under the Corporate Law Simplification project promise to be fundamental and far-reaching. And in Australian labour law, the enterprise bargaining regime under the Industrial Relations Reform Act 1993 is charting new waters. Lord Wedderburn has referred to the “unaccustomed proximity” of corporate law and labour law, and indeed, little recognition of the other's significance is evident in the reforms unfolding in each of these vital fields. This article focuses on the relevance of corporate law to labour lawyers. Its message, however, might just as easily be reversed.

The bevelled nozzle is a promising noise control approach and has been tested to suppress the noise levels in supersonic circular jets, but not in rectangular jets so far. In this study, implicit large-eddy simulations are performed to analyse the noise control of supersonic rectangular jets with single- and double-bevelled nozzles. Three nozzle pressure ratios ($NPR = 2.3$, 3.0 and 5.0) are considered to form two over-expanded cold jets and one under-expanded cold jet, exhausted from a baseline convergent–divergent rectangular nozzle with an aspect ratio of 2.0. Results show that, with the increase of $NPR$, the oscillation of the jet plume is switched from a symmetrical mode to a flapping mode (preferential in the minor-axis plane), then to a helical mode, together with a reduction of the screech frequency. The amplitude of the screech tone is the strongest in the flapping jet, and the turbulent mixing noise is the most prominent in the helically oscillating jet. The single-bevelled nozzle induces asymmetric shock-cell structures and deflects the jet plumes, and the double-bevelled nozzle primarily enables the enhancement of the shear-layer mixing and shortens the lengths of the jet potential cores. With the bevelled nozzles, the gross thrusts of the baseline nozzle are increased by $0.05 \sim 7.38$ %. Details on the characteristics of far-field noise in the jets with/without the bevel cuts and their noise control mechanisms are discussed using the Ffowcs Williams–Hawkings acoustic analogy, dynamic mode decomposition and spatio-temporal Fourier transformation. Results suggest that the noise control has a close relationship with the destruction of well-organized coherent structures and the suppression of upstream-propagating guided-jet modes, which interrupt the feedback mechanism accounting for the generation of screech tones in the supersonic rectangular jets.

A wide range of state and federal laws recognise and regulate intimate and familial relationships. Such laws include inheritance, immigration, guardianship and superannuation as well as the areas that we traditionally think of as ‘family law’: property division and disputes over children following relationship breakdown.

There is no reliable demographic data on how many adults identify as lesbian or gay in Australia, but there is information to indicate that many lesbians and gay men live in long-term relationships, some of which include children. The Australian census has never asked individuals to identify their sexuality, but in 1996 and 2001 invited people to record if they are living in a same-sex relationship. These figures underestimate the numbers of couples for a variety of reasons: in 1996 the question itself was confusingly worded, and many people were unaware that they were able to record their relationship for the first time. The census does not record couples who do not cohabit. In addition, there are still many same-sex couples who would not feel comfortable recording their relationship on an official document such as a census.

In order to advance the ‘unity of the system’ of international law, it is necessary to resolve conflicts of norms and to endeavour to ensure that where tension exists, reconciliation is achieved. The commitment of states to engage in international criminal cooperation has the potential to conflict with many different human rights obligations, such as the prohibition against torture. The recent controversy relating to European states aiding the United States to affect extraordinary renditions is an example of the way in which a state's commitment to international criminal cooperation and a state's commitment to fundamental human rights may potentially conflict.

The over consumption of high fat, sugar, and salt foods increases population risk of overweight, obesity and diet-related noncommunicable diseases. The food environment mediates consumer food choices and thus plays an important role in diet quality and related health outcomes. The built food environment, where most people in high income countries access their food, has been found to be obesogenic. The aim of this review was to investigate the healthfulness of the supermarket food environment. Supermarkets are an important source of healthy foods in the built food environment. However, there are disparities in access to supermarkets, and in several countries, supermarkets located in areas of higher deprivation have an unhealthier consumer food environment. This double burden limits access to healthy foods amongst lower socio-economic groups, contributing to widening disparities in food-related ill health. There is a strong body of evidence supporting improved purchase of healthy foods by increasing the healthfulness of the supermarket consumer food environment. Voluntary measures co-designed with retailers to improve the healthfulness of the supermarket consumer food environment through restriction of product placement and private label reformulation have led to an increase in healthier food purchases. However, evidence also shows that mandatory, structural changes are most effective for improving disparities in relation to access to healthy food and diet-related ill health. Future research and policy related to the supermarket food environment should consider equitable access to healthy sustainable foods in the context of growth in online supermarkets.

The enactment of legislation to sever the remaining constitutional links between the United Kingdom and Australia makes it desirable to address the question as to why Australia's Federal Constitution should be regarded as an instrument of higher law and thus legally binding. The answer which one gives to that question may be significantly different to the answer which a lawyer is likely to have given when the Commonwealth of Australia Constitution Act 1900 (UK) was enacted.

A possible answer to the question was suggested by Sir Owen Dixon in a well known lecture delivered by him:

Invented by Thomas Edison, the electric light bulb was the subject-matter of United States Patent Number 223,898 granted on 27 January 1880. The electric light bulb has come to be recognised universally as the symbol of invention. Patent claims providing for a compact fluorescent light bulb have, over one hundred years later in the N. V. Philips Gloeilampenfabrieken and Another v Mirabella International Pty Ltd litigation, been held by a court at first instance and two appeal courts to be not claims for a “patentable invention” under s 18 of the Patents Act 1990 (Cth).

Anglo-Australian patent law has been vigilant to deny patentability where, on the face of the specification, a claim is “nothing but a claim for the use of a known material in the manufacture of known articles for a purpose of which its known properties make that material suitable” — referred to herein as an “analogous use” claim.

It is strange to think that the question whether the High Court of Australia can grant the writ of certiorari may still be characterised as “unresolved”. To judge from the treatment this issue has received from several commentators, it might be asseverated that the matter is “unresolved” because “unimportant”. This article will examine the heads of jurisdiction which might be invoked to sustain the granting of the writ by the High Court.

As well, it will be necessary to consider whether, as a matter of principle, certiorari can or should issue to a superior court of record such as the Federal Court of Australia. The decision in Re Gray; ex parte Marsh casts doubt on the amenability of those tribunals to the writ at all. Since it has always been hitherto blithely assumed that Federal Court judges are susceptible to certiorari for the purpose of s 75(v), the dissentients’ view of Gray’s case, if accepted, would require a fundamental rethink of the entire area.

The role of student-edited law reviews and whether or not they have a future has been the subject of controversy for many decades.

When Justice Michael Kirby published a defence of law reviews a few years ago, he said: ‘To justify a new journal, the publisher must offer something that current journals do not provide. As well, law schools, proliferating in such number, need to differentiate their products.’

From 1935 when Melbourne University Law School commenced to publish Res Judicatae, which became the Melbourne University Law Review in 1957, until today when there are almost 30 university law reviews, the Federal Law Review is the only one that identified a specialist field from the outset. In 1964 it became the seventh university law review following Melbourne, Queensland, Western Australia, Sydney, Tasmania and Adelaide. Sir Kenneth Bailey, then Solicitor-General of the Commonwealth in a Foreword to the first issue of the review emphasised the distinctive contribution that the focus of attention on federal matters would make to Australian legal literature.

Sir Victor examines the basic problems being encountered in the development of the international law of the seabed. An historical analysis reveals that the definitions used to effect the current allocation of rights in the seabed are not based on irresistible logical extensions of the concept of territorial sovereignty. On the contrary, legal definitions such as the definition of “continental shelf” represent and facilitate the political reality of competitive nationalism. Sir Victor then considers the constitutional relationship of the States and the Commonwealth in regard to the seabed. He argues that, historically, the States have no claim to sovereignty over their adjacent territorial seas as the colonies never exercised dominium there. The territorial seas remained in British Imperial jurisdiction until federation, when the Commonwealth acquired sovereignty over them as an attribute of nationhood.

The extent to which the motives of providers and recipients (of care) diverge can be seen in the nursing home market – nominally under regulation, but at the worst deteriorating into a real estate market with revenue generating aged persons attached to the property like serfs to the manor.

The profit making people in the nursing homes know full well how to be quite ruthless and brutal in trying to mobilize emotional responses in the community against a government so that they can exploit the taxpayer by forcing a government into paying out more money … when it suited the private commercial nursing home people, patients were moved on litters out of their nursing homes to the edge of the footpaths of the street outside the homes. It was arranged for the media, particularly the visual media, to cover the whole exercise. All sorts of emotional displays were indulged in.

The Trade Marks Act 1955 (Cth) (referred to in this article as “the Act”) provides in ss 24-26 various criteria for establishing the registrability of trade marks under the Act Those provisions require a trade mark to be distinctive or if not distinctive, capable of becoming distinctive of goods or services in respect of which registration of the trade mark is sought, before it could be registered.

This article examines s 25 of the Act, which provides for the registration of trade marks in Part B of the Trade Marks Register, in the light of some of the decisions of Australian courts. The object is to determine if such decisions conform with the terms of the provision. Some comparisons are made with the relevant provisions of the Trade Marks Act 1938 (UK). The article concludes that given the terms of s 25 of the Act, acquired distinctiveness could be a sole criterion for the registration of trade marks in Part B of the Register. The frrst part of the article considers the background to the section.

This article considers the impact of the doctrine of legal personality as enunciated in the classic corporate law case, Salomon v Salomon & Co Ltd, on our theories concerning the role of the membership within a corporation, in particular the role of the membership within a university corporation.

Universities live on the edge of corporate law. Although it has been one hundred years since the judgment in Salomon's case, the ground rules of university governance were established well before that judgment. Furthermore, Salomon's case involved a one-man company organised under the Companies Act 1862 (UK) and universities are not typically organised under business incorporation statutes. Nevertheless, Salomon's case has had a dramatic effect on the way we view the constitutional structure of all corporations, including university corporations.

The effect of a recent decision of the High Court of Australia in Foley v Padley is to severely curtail the extent of judicial review of the exercise of discretionary prohibitions. In the light of this decision, the Question of the nature of a prohibition contained in subordinate legislation when coupled with a dispensing power becomes of more than academic interest. In Foley v Padley, the effect of an empowering provision referable to the opinion of the subordinate legislator (a municipal council) was considered in relation to a broad unfettered discretion to dispense with a prohibition. Thus this decision brought directly into issue the role of the administrator/ policy-maker as against the rights of an individual.

In brief, Foley v Padley decided that a dispensing power attached to a power to prohibit in a by-law was a valid condition of the power to prohibit, thus following the decision in Country Roads Board v Neale Ads. As the decision of the High Court in Swan Hill Corporation v Bradbury was the last occasion on which this issue had been fully considered by the High Court one can only lament the passing of an opportunity to re-open the debate as to dispensing powers.

The concept of equality has been a familiar tenet of democratic theory since antiquity, but it has always been a skewed notion. In Athens, the birthplace of democracy (demokratia: the power of the people), women and slaves were excluded from ‘the people’ so far as life in the polis was concerned. Aristotle believed that this exclusion was justified because women and slaves were inferior in phusei (by their natures). The idea that ‘justifiable’ discrimination may be invoked selectively to derogate from equality continues to be the case today. What is justifiable is determined by those with power, just as it always has been. Equality between human beings, therefore, is a contingent and permeable notion; absolute equality belongs only in the world of the quantifiable and the mathematical. While women and Others have been ‘let in’ to public life, the heritage of the past continues to lie like a dead weight on equal participation.

This article examines five Sasanian bullae from the fire temple of Ādur Gušnasp with seal impressions depicting Aphrodite and Eros, and Aphrodite Anadyomene. It is argued that the original seal with Aphrodite and Eros likely dates from the late 1st century BCE to the early 1st century CE, reused between the 5th–7th centuries CE, while the Aphrodite Anadyomene seal is from the 2nd or 3rd century CE. Contextualizing these findings within Graeco-Roman and Iranian cultures, this article explores reinterpretations of Graeco-Roman iconography for both Zoroastrian and non-Zoroastrian audiences, as well as highlights that bullae with concave impressions of cylindrically curved objects on the reverse had once been attached to vessels, not just documents. Additionally, this article also discusses other sealings on the new bullae, some with Middle Persian inscriptions, identifying a mgw (priest) and an astrologer, providing the first attestation of the word axtar (constellation) on a Sasanian seal.